STAND. COM. REP. NO. 2630

Honolulu, Hawaii

RE:    S.B. No. 2856

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Sir:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 2856 entitled:

"A BILL FOR AN ACT RELATING TO CONSUMER PROTECTION,"

begs leave to report as follows:

     The purpose and intent of this measure is to clarify the scope of powers of the Office of Consumer Protection investigators.

     Your Committee received testimony in support of this measure from the Office of Consumer Protection of the Department of Commerce and Consumer Affairs.

     Your Committee finds that prior to 1969, only police officers or sheriffs were legally authorized to serve legal documents in Hawaii.  Thus, the Legislature established section 487-10, Hawaii Revised Statutes, which became enacted through Act 175, Session Laws of Hawaii 1969, to explicitly provide police powers to Office of Consumer Protection investigators, so they could also serve subpoenas and process.  However, as service of these documents is no longer restricted to police officers and sheriffs, it is no longer appropriate or necessary to extend such broad powers and authority to Office of Consumer Protection investigators.  This measure therefore clarifies that the power and authority of Office of Consumer Protection investigators under section 487-10, Hawaii Revised Statutes, pertains to the service of process and service of subpoenas.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2856 and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

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GILBERT S.C. KEITH-AGARAN, Chair